Reply
 
Thread Tools Display Modes
Old 03-01-2008, 11:06 AM   #1
gingergal4l8r
1st Leg of the Journey
 
Join Date: Nov 2006
Location: Vancouver Island, B.C.
Posts: 179
Thanks: 37
Thanked 6 Times in 5 Posts
When is a pattern to be called your design?
My question is, do I have to create the hat shape pattern as well to call it my own?

I just want to make a basic ear flap hats but I have some wild designs kicking in my head I would like to try. But as for the pattern I use someone else's...

What would this be for etiquette.
__________________
Kryssie ...
Gingergal4L8R on Ravelry

"Create memories worth repeating"

OTN:

Lace and Cable Afghan
Cropped Vest



Last edited by gingergal4l8r : 03-01-2008 at 11:08 AM. Reason: two lines the same, sounds goofy!
gingergal4l8r is offline   Reply With Quote

 

This advertising will not be shown to registered members. Join our free online community today!

Old 03-01-2008, 11:41 AM   #2
Knitting_Guy
Grafting the Toe
 
Knitting_Guy's Avatar
 
Join Date: Dec 2006
Location: Following the white rabbit
Posts: 4,992
Thanks: 2,318
Thanked 1,130 Times in 832 Posts
To call it your own it would have to be substantially different from the pattern upon which you base it.

In reality hats all follow some pretty basic design principles and share those features in common. But to be truly your own you really should design it from scratch instead of following someone else's pattern.
__________________
Mason

What do you mean guys don't knit?

Linux: because a PC is a terrible thing to waste.

Perfection is overrated. Knitting is meant to relieve stress, not cause it. Relax and enjoy it.

My boring blog http://masonm.joeuser.com

My knitting blog
http://knittingguy.blogspot.com/

My New Home Page (work in progress)
http://www.gpstrucker.000hosted.com

Knitting_Guy is offline   Reply With Quote
The Following User Says Thank You to Knitting_Guy For This Useful Post:
gingergal4l8r (03-01-2008)
Old 03-01-2008, 12:00 PM   #3
Jan in CA
Moderator
Mod Squad
 
Jan in CA's Avatar
 
Join Date: Oct 2005
Location: Southern CA
Posts: 37,211
Thanks: 1,661
Thanked 8,761 Times in 7,129 Posts
I agree with Mason.

It's also not just etiquette, but could be a copyright infringement issue. See if this helps, too.
http://www.geocities.com/jbtocker/copyright/
__________________
Jan

When asking questions ALWAYS post the name and a link for the pattern if you have it.

NEW! KH knitting video archive
~HOW TO POST A PHOTO~

Jan in CA is online now   Reply With Quote
The Following 3 Users Say Thank You to Jan in CA For This Useful Post:
Debkcs (03-03-2008), gingergal4l8r (03-01-2008), melinda9723 (02-22-2014)
Old 03-01-2008, 12:16 PM   #4
Mike
Working the Gusset
 
Mike's Avatar
 
Join Date: Jan 2008
Location: IL
Posts: 1,313
Thanks: 77
Thanked 387 Times in 289 Posts
Judging from jewelry the change doesn't have to be "substantial" to call it your own. If the copy doesn't fit in the mold exactly you're not going to win a lawsuit.

I'd look at hats like the Blues. You're doing the standard progressions that have been done a million times before.

Etiquette-wise, you know what's right and wrong.
If you set out to sound like BB King and claim it as your own you're doing wrong (and will be sued even if you don't set out to sound like him but that's a different topic ).
The people who took my dolphin ring and put the nose on the side of the tail instead of in the center did wrong, IF they got the idea from my design, I didn't invent dolphins, they're public domain, but I was the first one I ever saw that design from, my ring was not public domain.
The person who made a mold of my dolphin ring definitely did wrong.

So are you embellishing someone else's design or are you using someone else's design to get the basic public domain hat that you then embellish?
Mike is offline   Reply With Quote
The Following User Says Thank You to Mike For This Useful Post:
gingergal4l8r (03-01-2008)
Old 03-01-2008, 12:21 PM   #5
gingergal4l8r
1st Leg of the Journey
 
Join Date: Nov 2006
Location: Vancouver Island, B.C.
Posts: 179
Thanks: 37
Thanked 6 Times in 5 Posts
Thanks !

This is exactly why I asked. I have been into knitting hats, and I have come across the exact pattern by 2 different designers. Simple as they were, they were the same just different designs.

So I am very glad I asked.
__________________
Kryssie ...
Gingergal4L8R on Ravelry

"Create memories worth repeating"

OTN:

Lace and Cable Afghan
Cropped Vest


gingergal4l8r is offline   Reply With Quote
Old 03-02-2008, 09:06 PM   #6
italianchildhood
1st Leg of the Journey
 
italianchildhood's Avatar
 
Join Date: Aug 2007
Posts: 131
Thanks: 0
Thanked 45 Times in 45 Posts
I would say: if you make it from scratch without following the pattern, then it's yours even though, as someone else said, how many different ways are there really to make hats? You're bound to do it the same as in a pattern, but really if it's by accident I think it's ok.

It also depends I think on what you want to do with the hat--if you are just wearing it youself, then it really doesn't matter. Have fun with your hat!
__________________
I knit, needlepoint and recently mostly crochet ... all of which I've done since I was a child

http://YouCraft.org ... free crafts classifieds listings

and http://italianchildhood.etsy.com
italianchildhood is offline   Reply With Quote
The Following User Says Thank You to italianchildhood For This Useful Post:
gingergal4l8r (03-02-2008)
Old 03-02-2008, 10:00 PM   #7
fibrenut
Turning the Heel
 
fibrenut's Avatar
 
Join Date: Nov 2007
Location: Colorado
Posts: 882
Thanks: 353
Thanked 378 Times in 288 Posts
Send a message via Yahoo to fibrenut
I would get in touch with the original designer of the original hat pattern in question and ask them if it would be ok to "do your own thing" with the colors etc.
But, unless the hat pattern is unique in some way, o let's just say she used a special way to do the crown or some new technique for adding the flaps etc. That ear-flap hat is pretty much public domain. You can only do soo much to stitch count and depth of the hat before it's not a hat per se.
Anyone can cast on an x amount of stitches, knit an x amount of inches for the crown and do an x amount of decreases for the top. That's just basic. It's what you do in between that's unique.
If this persons pattern has something unique to it other than what's already been mentioned, then you can't use it. But if it's generic, go ahead and ask if it's ok. Be sure to give credit where credit is due.
__________________
Knitting n stuff blog
Cake Web Site


knittycakebaker on ravelry
LOOK TWICE SAVE A LIFE
motorcycles are everywhere!!
Abate of Colorado
fibrenut is offline   Reply With Quote
The Following 2 Users Say Thank You to fibrenut For This Useful Post:
gingergal4l8r (03-02-2008), melinda9723 (02-22-2014)
Old 03-02-2008, 11:43 PM   #8
gingergal4l8r
1st Leg of the Journey
 
Join Date: Nov 2006
Location: Vancouver Island, B.C.
Posts: 179
Thanks: 37
Thanked 6 Times in 5 Posts
The design I created was for 80 stitches...

The hat pattern is a pain jane hat. Nothing but regular St st. I add more rows for depth as I like them a little longer on the brow and I made the ear flaps in general wider and longer. But I am only a couple years into knitting and I like the fair isle stuff, and thought I would create some neat celtic designs.

I thought I would find out what was best.

Thanks for all your input. I guess I was just looking for guidance, and guidance I got. So thank you.
__________________
Kryssie ...
Gingergal4L8R on Ravelry

"Create memories worth repeating"

OTN:

Lace and Cable Afghan
Cropped Vest


gingergal4l8r is offline   Reply With Quote
Old 03-03-2008, 04:31 AM   #9
Debkcs
Instepping Out
 
Debkcs's Avatar
 
Join Date: Aug 2007
Location: Salem, OR
Posts: 2,919
Thanks: 384
Thanked 1,281 Times in 1,192 Posts
Jan, thanks! I just read that whole eight page document, and found it very interesting as I've a debate going in my head about a piece of jewlery that I 'designed'.
__________________
I LOVE THIS SITE!

"All good things and every perfect gift is from above, coming down from the Father of Lights who cannot change."
James 1:17
Debkcs is offline   Reply With Quote
Old 03-03-2008, 05:42 AM   #10
brendajos
Grafting the Toe
 
brendajos's Avatar
 
Join Date: Apr 2005
Location: Going through your stash...pay no attention over here
Posts: 6,256
Thanks: 29
Thanked 192 Times in 120 Posts
Send a message via Yahoo to brendajos
Originally Posted by Debkcs View Post
Jan, thanks! I just read that whole eight page document, and found it very interesting as I've a debate going in my head about a piece of jewlery that I 'designed'.

Uuuuhh... was it a design with a dolphin?

__________________
Brenda
brendajos is offline   Reply With Quote
Reply


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

vB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
Help: My So Called Scarf Pattern darkbluemusic00 How-to Questions 3 02-10-2009 04:25 AM
What is this pattern called? unknown123n7 How-to Questions 10 01-28-2009 11:26 PM
What is this scarf pattern called????? Mary838 General Knitting 3 11-09-2007 04:15 PM
Altering a pattern, how to? & what's that stitch called? Fishchick How-to Questions 2 04-05-2007 08:09 AM
do you use the wool called for in the pattern? Witchy Mama General Knitting 16 08-10-2006 09:00 AM

All times are GMT -4. The time now is 01:46 AM.